[Federal Register: September 1, 2000 (Volume 65, Number 171)]
[Proposed Rules]
[Page 53222-53223]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se00-35]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered Species; Establishment of Manatee Protection Areas
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Advance notice of proposed rulemaking and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Fish and Wildlife Service (Service) is considering the
preparation of a draft rule that would establish additional protection
areas for the endangered West Indian manatee (Trichechus manatus
latirostris) within the area of the species' range. These protection
areas would be either refuges, areas where waterborne activities are
restricted, or sanctuaries, areas where waterborne activities are
prohibited. The Service is considering this action as a means to reduce
the level of watercraft-related incidental take of manatees.
DATES: We must receive your comments regarding this proposed rulemaking
on or before October 16, 2000.
ADDRESSES: Submit written comments to the Field Supervisor,
Jacksonville Field Office, U.S. Fish and Wildlife Service, 6620
Southpoint Drive, South, Suite 310, Jacksonville, Florida 32216 or via
electronic mail to fw4__es__jacksonville@fws.gov. Comments and
materials received in response to this proposal will be available for
public inspection at this address during normal working hours from 8
a.m. to 4:30 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Peter Benjamin, Jacksonville Field
Office, U.S. Fish and Wildlife Service, 6620 Southpoint Drive, South,
Suite 310, Jacksonville, Florida 32216, Telephone: (904) 232-2580
extension 106, Facsimile: (904) 232-2404, or Electronic Mail:
fw4__es__jacksonville@fws.gov.
[[Page 53223]]
SUPPLEMENTARY INFORMATION: The establishment of protection areas for
the Florida manatee is provided for under regulations promulgated under
the Endangered Species Act (ESA), as amended in 1973 (16 U.S.C. 1531 et
seq.), and published in Title 50 of the Code of Federal Regulations,
Part 17, Subpart J. The Service may, by regulation issued in accordance
with 5 U.S.C. 553 & 43 CFR part 14, establish manatee protection areas
whenever there is substantial evidence showing such establishment is
necessary to prevent the taking of one or more manatees (50 CFR
17.103). The ESA prohibits the taking of endangered species. ``Take''
as defined by the ESA means ``to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, collect, or to attempt to engage in any
such conduct.''
There are two types of manatee protection areas which may be
established: manatee refuges and manatee sanctuaries. A manatee refuge,
as defined in 50 CFR 17.102, is an area in which the Director has
determined that certain waterborne activities would result in the
taking of one or more manatees, or that certain waterborne activities
must be restricted to prevent the taking of one or more manatees,
including but not limited to a taking by harassment. The designation of
an area as a refuge results in the restriction of waterborne access. A
manatee sanctuary is an area in which the Director has determined that
any waterborne activity would result in the taking of one or more
manatees, including but not limited to a taking by harassment. The
designation of an area as a sanctuary results in the prohibition of all
waterborne activities. A waterborne activity is defined as including,
but not limited to, swimming, diving (including skin and SCUBA diving),
snorkeling, water skiing, surfing, fishing, the use of water vehicles
and dredging and filling activities.
The Service proposes to evaluate the need for establishment of
protection areas. The Service may subsequently establish such
protection areas if and where warranted. Areas under consideration for
possible designation as either refuges or sanctuaries include, but may
not be limited to, areas of importance to manatees such as warm water
refuges; areas used for feeding, mating, calving, resting, or
traveling; areas with a high incidence of watercraft-related manatee
mortality; and areas in which the Service determines that the current
protection measures are inadequate.
Persons wishing to provide relevant information and comments
regarding our evaluation of the need for manatee refuges and
sanctuaries and the establishment of such protection areas should
submit such comments in writing to the address above.
Our practice is to make comments we receive on this rulemaking,
including names and home addresses of respondents, available for public
review during regular business hours. Individual respondents may
request that we withhold their home address from the rulemaking record,
which we will honor to the extent allowable by law. There also may be
circumstances in which we would withhold from the rulemaking a
respondent's identity, as allowable by law. If you wish us to withhold
your name and/or address, you must state this prominently at the
beginning of your comments. However, we will not consider anonymous
comments. We will make all submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, available
for public inspection in their entirety.
Dated: August 24, 2000.
H. Dale Hall,
Acting Regional Director.
[FR Doc. 00-22422Filed 8-31-00; 8:45 am]
BILLING CODE 4310-55-P